Commission Implementing Regulation (EU) No 543/2011Show full title

Section 2 U.K. Conformity checks F1 ...

Article 11 U.K. Conformity checks

1. [F2 The appropriate authorities] shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as to ensure compliance with the marketing standards and other provisions of this Title [F3 and of [F4 [F5 Article] 76 of Regulation (EU) No 1308/2013].][F3 , of Article 76 of [F6 Regulation (EU) No 1308/2013] and in regulations made under section 9 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020.]

F7 The criteria to assess the risk shall include the existence of a conformity certificate referred to in Article 14 issued by a competent authority of a third country where the conformity checks have been approved pursuant to Article 15. The existence of such certificate shall be considered as a factor reducing the risk of non-conformity.

The criteria to assess the risk may also include:

(a) the nature of the product, the period of production, the price of the product, the weather, the packing and handling operations, the storage conditions, the country of origin, the means of transport or the volume of the lot;

(b) the size of the traders, their position in the marketing chain, the volume or value marketed by them, their product range, the delivery area or the type of business carried out such as storage, sorting, packing or sale;

(c) findings made during previous checks including the number and type of defects found, the usual quality of products marketed, the level of technical equipment used;

(d) the reliability of traders’ quality assurance systems or self-checking systems related to the conformity to marketing standards;

(e) the place where the check is carried out, in particular if it is the point of first entry into [F8 Great Britain], or the place where the products are being packed or loaded;

(f) any other information that might indicate a risk of non-compliance.

2. The risk analysis shall be based on the information contained in the trader database referred to in Article 10 and shall classify traders in risk categories.

[F9 The appropriate authorities] shall lay down in advance:

(a) the criteria for assessing the risk of non-conformity of lots;

(b) on the basis of a risk analysis for each risk category, the minimum proportions of traders or lots and/or quantities which will be subject to a conformity check.

[F9 The appropriate authorities] may choose not to carry out selective checks on products not subject to specific marketing standards, based on a risk analysis.

3. Where checks reveal significant irregularities, [F10 the appropriate authorities] shall increase the frequency of checks in relation to traders, products, origins, or other parameters.

4. Traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks.

Textual Amendments

F2 Words in Art. 11(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(28)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 11(1) substituted (S.) (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 5(5)

F4 Words in Art. 11(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(28)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 11(1) substituted (E.) (1.12.2022) by The Common Organisation of the Markets inAgricultural Products (Amendment) Regulations 2022 (S.I. 2022/1150), regs. 1(2), 7(5); and substituted (W.) (14.12.2022) by The Common Organisation of the Markets in Agricultural Products (Amendment) (Wales) Regulations 2022 (S.I. 2022/1215), regs. 1(2), 4(5)

F6 Words in Art. 11(1) substituted (S.) (23.4.2023) by The Alcoholic Beverages, Fruit and Vegetables (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/107), regs. 1(1), 2(2)

F7 Words in Art. 11(1) re-inserted (following their unintended omission by S.S.I. 2022/361, reg. 5(5)) (S.) (23.4.2023) by The Alcoholic Beverages, Fruit and Vegetables (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/107), regs. 1(1), 2(3)

F8 Words in Art. 11(1)(e) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(28)(b) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 10(12))

F9 Words in Art. 11(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(29); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 11(3) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(30); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Approved traders

1. [F11 The appropriate authorities] may authorise traders classified in the lowest risk category and providing special guarantees on conformity to marketing standards to use the specimen in Annex II in the labelling of each package at the stage of dispatch and/or to sign the conformity certificate as referred to in Article 14.

2. The authorisation shall be granted for a period of at least one year.

3. Traders benefiting from this possibility shall:

(a) have inspection staff who have received training approved by the [F12 appropriate authorities];

(b) have suitable equipment for preparing and packing produce;

(c) commit themselves to carry out a conformity check on the goods they dispatch and have a register recording all checks carried out.

4. Where an authorised trader no longer complies with the requirements for authorisation the [F13 appropriate authority] shall withdraw the authorisation.

5. F14 ...

Authorisations granted to traders before [F15 IP completion day] shall continue to apply for the period for which they were granted.

Textual Amendments

F11 Words in Art. 12(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(31); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 12(3)(a) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(32); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 12(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(33); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 12(5) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(34)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 12(5) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(34)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(13)); 2020 c. 1, Sch. 5 para. 1(1)

Article 13 U.K. Acceptance of declarations by customs

1. Customs may only accept export declarations and/or declarations for the release for free circulation for the products subject to specific marketing standards if:

(a) the goods are accompanied by a conformity certificate, or

(b) the competent inspection body has informed the customs authority that the lots concerned have been issued a conformity certificate, or

(c) the competent inspection body has informed the customs authority that it has not issued a conformity certificate for the lots concerned because they do not needed to be checked in the light of the risk assessment referred to in Article 11(1).

This shall be without prejudice to any conformity checks [F16 that may be carried] out pursuant to Article 11.

2. Paragraph 1 shall also apply to products subject to the general marketing standard set out in Part A of Annex I and products referred to in Article 4(1)(a) if the [F17 appropriate authority] considers it necessary in the light of the risk analysis referred to in Article 11(1).

Textual Amendments

F16 Words in Art. 13(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(35); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 13(2) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(36); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Certificate of conformity

1. Certificates of conformity may be issued by a competent authority to confirm that the products concerned conform to the relevant marketing standard (hereinafter referred to as ‘certificate’). The certificate for use by competent authorities in [F18 Great Britain] is set out in Annex III.

Instead of certificates issued by competent authorities in [F18 Great Britain], the third countries referred to in Article 15(4) may use their own certificates provided that they contain at least equivalent information to [F19 Great Britain's] certificate. The [F20 Secretary of State] shall make available, by the means [F21 the Secretary of State] considers appropriate, specimens of such third country certificates.

2. The certificates may be issued either in paper format with original signature or in verified electronic format with electronic signature.

3. Each certificate shall be stamped by the competent authority and signed by the person or persons empowered to do so.

F22 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Each certificate shall bear a serial number, by which it can be identified. A copy of each issued certificate shall be retained by the competent authority.

F23 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24 7. Notwithstanding paragraph 1, until [F25 1 July 2022], competent authorities in third countries may continue to use certificates which conform to Article 14(1) of Commission Implementing Regulation (EU) No 543/2011, as it has effect in EU law as amended from time to time.

8. If at any time until [F26 1 July 2022] the Secretary of State considers that the marketing standards that apply in the EU to any products to which this Title applies are not at least equivalent to the marketing standards that apply in the United Kingdom for like products:

(a) the Secretary of State must publish a statement to that effect, and

(b) paragraph 7 shall not apply in relation to the products set out in such statement.]

Textual Amendments

F18 Words in Art. 14(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(a)(i) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 6(8)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 14(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(a)(iv) (as substituted by S.I. 2020/1452, regs. 1(2)(b), 6(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 14(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 14(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 14(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Art. 14(6) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(b); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 14(7)(8) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 44(c) (as amended by S.I. 2020/1452, regs. 1(2)(b), 6(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 14(7) substituted (1.1.2022) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2021 (S.I. 2021/1396), regs. 1(2), 6(2)(a)

F26 Words in Art. 14(8) substituted (1.1.2022) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2021 (S.I. 2021/1396), regs. 1(2), 6(2)(b)

Textual Amendments

F1 Words in Title 2 Ch. 2 Section 2 heading omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 8(27); 2020 c. 1, Sch. 5 para. 1(1)